NEWSROOM Third Circuit: a nonviolent DUI conviction alone isn't enough to disarm under federal law

[dvoncock]

2 ipas means 32oz of 6.5% beverage that's the standard serving, that's well over three standard servings and people plow through that easily, I think you are vastly underestimating how much people drink. At my old job a bunch of people would go out on Fridays for lunch to a place that served a straight up double pint of double IPA so 32oz of 7.5% beer, I saw the IT guy tlgo through two of those at lunch more than a few times. He would go back and finish his day. I think you are basing the level of inebriation on your own experience and you just don't drink that much and there's definitely nothing wrong with that, alcohol sucks. But as I told you I have used breathalizers to test this as well and for me .080 feels like nothing, you don't even want to know what I've tested at we used to DRINK. I've always had a high "tolerance" but the BAC is independent of how an individual responds and how impaired they are.

That’s why I originally said the “standard drink” framework isn’t particularly useful for real world guidance. Whoever heard of a bar that puts precisely 1.5 ounces of Jack in a Jack and Coke? Not even in Vegas is that true

But, unless you were at a police station, you probably never blew a real “breathalyzer” because those are an expensive, non-portable piece of equipment, generally unavailable to the general public. I’m guessing you blew a commercial PAS like they sell on Amazon, etc. Those are not as accurate or reliable as the PAS devices used by police.

That, said it’s totally possible that have the recessive gene which results in a person having a herculian resistance to alcohol and other intoxicants (like Ozzy Osborne, RIP). I’m not so fortunate, but was a touring musician in my youth.

Again, I suggest, if you have a cop friend, having them run you through FSTs for fun. I think you’ll be surprised to find that, even if you feel fine at 0.08, your executive function are degraded to a pretty scary amount.

 

[Tere_Hanges]

That’s why I originally said the “standard drink” framework isn’t particularly useful for real world guidance. Whoever heard of a bar that puts precisely 1.5 ounces of Jack in a Jack and Coke? Not even in Vegas is that true

But, unless you were at a police station, you probably never blew a real “breathalyzer” because those are an expensive, non-portable piece of equipment, generally unavailable to the general public. I’m guessing you blew a commercial PAS like they sell on Amazon, etc. Those are not as accurate or reliable as the PAS devices used by police.

That, said it’s totally possible that have the recessive gene which results in a person having a herculian resistance to alcohol and other intoxicants (like Ozzy Osborne, RIP). I’m not so fortunate, but was a touring musician in my youth.

Again, I suggest, if you have a cop friend, having them run you through FSTs for fun. I think you’ll be surprised to find that, even if you feel fine at 0.08, your executive function are degraded to a pretty scary amount.

Everyone knows field sobriety tests are a sham. I know I wouldnt be able to pass those even if I'd never had a drink in my life.

 

[RustVendor]

That’s why I originally said the “standard drink” framework isn’t particularly useful for real world guidance. Whoever heard of a bar that puts precisely 1.5 ounces of Jack in a Jack and Coke? Not even in Vegas is that true

But, unless you were at a police station, you probably never blew a real “breathalyzer” because those are an expensive, non-portable piece of equipment, generally unavailable to the general public. I’m guessing you blew a commercial PAS like they sell on Amazon, etc. Those are not as accurate or reliable as the PAS devices used by police.

That, said it’s totally possible that have the recessive gene which results in a person having a herculian resistance to alcohol and other intoxicants (like Ozzy Osborne, RIP). I’m not so fortunate, but was a touring musician in my youth.

Again, I suggest, if you have a cop friend, having them run you through FSTs for fun. I think you’ll be surprised to find that, even if you feel fine at 0.08, your executive function are degraded to a pretty scary amount.

My man, you keep assuming I haven't used a "real breathalyzer" and I promise you you are wrong. I don't know why you spent paragraphs writing about it over and over when I already told you in the first place

 

[BeAuMaN]

Ah, 3rd circuit... where the Bryan Range case is standing precedent. On one hand I'm happy Mr. Range won his case; on the other hand I'm disappointed it would never reach SCOTUS; such a wonderful vehicle for affirm non-violent felons should not have their 2A rights removed (or many other restrictions under 922(g) ).

 

[dvoncock]

My man, you keep assuming I haven't used a "real breathalyzer" and I promise you you are wrong. I don't know why you spent paragraphs writing about it over and over when I already told you in the first place

Must be one helluva a story … I’d love to hear it.

… I’ve spent paragraphs writing because you insist the legal limit “feels like nothing.” That is EXACTLY what my clients on their third or fourth DUI used to tell me.

Everyone knows field sobriety tests are a sham. I know I wouldnt be able to pass those even if I'd never had a drink in my life.

In clinical testing, they are scientifically proven, if correctly administered. In practice, they are just a results driven exercise.